Section 119: Public servant concealing design to commit offence which it is his duty to prevent

Whoever, being a public servant, intend­ing to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence which it is his duty as such public servant to prevent;

¹[Voluntarily conceals by any act or omission or by the use of encryption or any other information hiding tool, the existence of a design] to commit such offence or makes any representation which he knows to be false respecting such design,

If offence be committed.—shall, if the offence be committed, be punished with imprisonment of any description provided for the offence, for a term which may extend to one-half of the longest term of such imprisonment, or with such fine as is provided for that offence, or with both;

If offence be punishable with death, etc.—or, if the offence be punishable with death or²[imprisonment for life], with imprison­ment of either description for a term which may extend to ten years;

If offence be not committed.—or if the offence be not committed, shall be punished with imprisonment of any description provided for the offence for a term which may extend to one-fourth part of the longest term of such imprisonment or with such fine as is provided for the offence, or with both.

Illustration

A, an officer of police, being legally bound to give information of all designs to commit robbery which may come to his knowledge, and knowing that B designs to commit robbery, omits to give such information, with intent to facilitate the commission of that offence. Here A has by an illegal omission concealed the exist­ence of B’s design, and is liable to punishment according to the provision of this section.

CLASSIFICATION OF OFFENCE

Para I

Punishment—Imprisonment extending to half of the longest term provided for the offence, or fine, or both—According as offence abetted is cognizable or non-cognizable—According as offence abetted is bailable or non-bailable—Triable by court which offence abetted is triable—Non-com­poundable.

Para II

Punishment—Imprisonment for 10 years—According as offence abetted is cognizable or non-cognizable—Non-bailable—Triable by court by which offence abetted is triable—Non-compoundable.

Para III

Punishment—Imprisonment extending to a quarter part of the longest term provided for the offence, or fine, or both—According as offence abetted is cognizable or non-cognizable—Bailable—Triable by court by which offence abetted is triable—Non-com­poundable.

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1. Subs. by Act 10 of 2009, sec. 51(d), “voluntarily conceals,” by any Act or illegal ommission, the existence of a design”.

2. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f 1-1-1956).